Oakland Macomb Fire Prevention Society November 22, 2016 Hazardous Materials Reporting Community Preparedness & Firefighter Right to Know Presented by: Asst. Fire Chief Chuck Riesterer, Fire Marshal Troy Fire Department Troy, Michigan Objectives Discuss the Need for Hazardous Materials Inspections Explain Differences Between Standard and Hazardous Materials Inspections Identify Applicable Laws & Codes Identify High Hazard Locations Identify Required Documentation 1
HAZARDOUS MATERIALS INSPECTIONS HOW DO INSPECTIONS DIFFER BETWEEN STANDARD & HAZMAT LOCATIONS? WHAT IS THE FUSS? LOOKS INTIMIDATING AND MYSTERIOUS THOSE HAZMAT FOLKS TALK AND LOOK FUNNY 2
HAZARDOUS MATERIALS INSPECTIONS DO THE CODES APPLY? CODES ARE DESIGNED FOR SAFETY OCCUPANTS COMMUNITY FIREFIGHTERS SAME FOR HAZMAT HAZARDOUS MATERIALS INSPECTIONS BUILDING CONSIDERATIONS CONSTRUCTION CLASSIFICATION HEIGHT AND AREA USE GROUP SAME FOR HAZMAT 3
HAZARDOUS MATERIALS INSPECTIONS LIFE SAFETY CONSIDERATIONS EGRESS SIGNS LIGHTING TRAVEL DISTANCES PROT. SYSTEMS / STRUCTURES SAME FOR HAZMAT HAZARDOUS MATERIALS INSPECTIONS STORAGE CONSIDERATIONS COMPATIBLE STURDY IN ORIGINAL CONTAINERS LABELED PROPERLY AMOUNTS SAME FOR HAZMAT STREET SMART HAZMAT MAXIMUM ALLOWABLE QUANTITY AMOUNT LIMITED BY CODE - SAFE DESIGNED FOR A SINGLE CONTROL AREA CONTINGENT UPON THE HAZARD 4
STREET SMART HAZMAT EXCEEDING M.A.Q. CAN YOU EXCEED THE AMOUNT ALLOWED BY CODE? YES - CREATES HIGH HAZARD CONTROL AREAS DOES IT CHANGE THE OCCUPANCY OF THE BUILDING? NO HAZMAT PROBLEM TOO MUCH, OR IMPROPERLY USED OR STORED = WHERE DO WE FIND HAZMAT STUFF? LABORATORIES WAREHOUSES HOSPITALS TRANSPORTATION CENTERS MANUFACTURING COMMERCIAL / INDUSTRIAL EVERY WHERE YOU FIND PEOPLE! 5
SO NOW WHAT DO WE DO? GATHER INFORMATION FOLLOW THE REQUIREMENTS FOR EMERGENCY PLANNING WHERE DO WE FIND REQUIREMENTS? FEDERAL / STATE LAWS OSHA / DEQ / EPA EPCRA / HAZWOPER / SARA, TITLE III MI-OSHA: PA 154 MDEQ / EPA MICH. FIRE PREVENTION CODE: PA 207 WHERE DO WE FIND REQUIREMENTS? MODEL CODES / STANDARDS INTERNATIONAL FIRE CODE NFPA 400: HAZARDOUS MAT L CODE RESPONSE COMPETENCIES & PROFESSIONAL QUALIFICATIONS IDENTIFICATION & CLASSIFICATIONS 6
Overview: STATE LAWS MI OSHA: PA 154 Section 14i: requires that the chief of an organized fire department prepare and disseminate to each firefighter a plan where hazardous chemicals are used or produced. No exemptions based on the quantity of chemical at the site. Purpose: to ensure firefighter safety. Overview: STATE LAWS MI FIRE PREV. CODE: PA 207 Section 5p: requires that a firm handling hazardous chemicals provide the following information upon request of the fire chief: A list of the hazardous chemicals on site and a safety data sheet (SDS) for each chemical on the list. A description of the quantity and location of any hazardous chemical specified by the fire chief after a review of the list. FIRE MARSHAL Bulletin 9 Identifies the steps to take Non Compliance Sample Forms 7
Overview: Bulletin 9 Requirements for emergency planning for fire departments come from: 1) SARA Title III 2) HAZWOPER 3) Firefighter Right-To-Know (FF RTK) Superfund Amendments & Reauthorization Act (SARA) Title III What Does SARA Title III Do for Me? Establishes L.E.P.C. s Requires Site Specific Response Plans for Extremely Hazardous Substances (EHS) Requires Site Owners to cooperate Defines who manages the Reporting & Notification of SARA Title III requirements MIOSHA HAZWOPER Michigan Occupational Safety & Health Act (MIOSHA) P.A. 154 of 1974, enacted Jan. 1, 1975 An act to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment HAZWOPER Hazardous Waste Operations and Emergency Response 8
Firefighter Right To Know What information can I obtain? Hazardous Chemicals on site Description of quantity & location SDS Info, if requested What authority do I have to ask for/obtain this information? Steps for Implementation Fire Chief surveys all sites that may have hazardous chemicals on site. Gather information on chemicals Determine if they use or produce Steps for Implementation (Continued) The survey form lists the following: Chemical types & quantities Determine General plan vs. Site specific plan Fire Chief must make every effort to obtain completed forms from each site. 9
Steps for Implementation (Continued) Refusal to comply should bring: 2 nd Notice letter Referral to MI OSHA Steps for Implementation (Continued) The Fire Chief should keep a copy of each completed survey Including No chemicals on site, and, No Response Surveys cannot be older than 5 years Survey new or changed sites as they occur. Steps for Implementation (Continued) Completed survey forms should be separated into 2 groups: Those that use/produce hazardous chemicals Those that do not use/produce hazardous chemicals 10
Steps for Implementation (Continued) Further separation would include: Those sites that use/produce hazardous chemicals ABOVE specified quantities Steps for Implementation (Continued) For these sites, the Fire Chief must develop a site specific plan This should become the Chief s planning priority! To Comply with FF RTK Develop a site specific plan for each site Obtain information about each site as necessary Request authorized under PA 154 & 207 SARA Title III Reporting Requirements Fire Chief should work with the LEPC to develop emergency response plans for certain sites 11
To Comply with FF RTK (Continued) Inform all firefighters Train all affected firefighters To Comply with FF RTK (Continued) The fire chief can incorporate those sites which use/produce hazardous chemicals below the specified quantities into a general plan. To Comply with FF RTK (Continued) What does initial response training include? Utilizing: DOT Guidebooks Community Response Plans Where can I find other training requirements? SARA Title I & Title III MIOSHA STANDARDS 12
Steps for Implementation (Continued) Am I obligated to provide a mutual aid hazmat team this information? YES When do I provide it? When they respond Distribution of the plan prior to response is not necessary. Steps for Implementation (Continued) Survey forms that show the site is neither a user or producer must be retained as evidence of response. It is not mandatory to follow these steps. The Fire Chief may follow another method, but The goal is compliance with the law! FREEDOM OF INFORMATION ACT DOES THE PUBLIC HAVE A RIGHT TO KNOW? IS AN HMIS PROTECTED FROM RELEASE? YES PA 207: Section 29.5p The information obtained by a fire chief under this subsection may be made available to a public official, agency, or employee, but is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. 13
Summary Three emergency planning requirements come from: Michigan Fire Prevention Code Michigan FF RTK (MIOSHA) SARA Title III Summary Continued Attachment B (Bulletin 9) Chemicals Survey Attachment E (Bulletin 9) Specific list of required planning elements Summary Continued Develop the following documents and ensure training: Site specific firefighter safety plans For all sites that use/produce hazardous chemicals at/above the specified quantity Good internal departmental SOP s 14
Summary Continued Participate with the LEPC Ensure all plans are consistent with the EOP Retain a file copy of the survey form (min. 5 Yrs.) Where to Get More Information http://www.michigan.gov/documents/cis/bulletin_web_tit le_page_184556_7.pdf Resource for Bulletin 9. Includes all MSP FM Bulletins. https://www.epa.gov/emergency response/nrt 1 hazardous materials planning guide National Response Team HAZMAT Planning guide http://www.ilpi.com/msds/index.html Where to find SDS documentation Continued Where to Get More Information http://www.michigan.gov/lara/0,4601,7 154 11407,00.html Michigan OSHA Website: Safety Standards for General Industry http://www.osha.gov Federal OSHA Web Site https://www.fema.gov Federal Emergency Management Agency http://martindalecenter.com/ Martindale s The Reference Desk 15
Thank you for your attention. Are there any additional questions? Presented by: Asst. Fire Chief Chuck Riesterer, Fire Marshal Troy Fire Department Troy, Michigan riestererc@troymi.gov 248-524-3419 November 2016 16
Vocabulary What does 29 CFR 1910.120 mean? 29 = LABOR DIVISION OF CFR (50 CODIFIED SECTIONS) 1910 = OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 120 = HAZWOPER HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE Vocabulary (Continued) BFS Bureau of Fire Services CFR Code of Federal Regulations DOT Department of Transportation EHS Extremely Hazardous Substance FF RTK Firefighter Right To Know HazMat Hazardous Materials HAZWOPER Hazardous Waste Operations & Emergency Response LEPC Local Emergency Planning Committee Vocabulary (Continued) MIOSHA Michigan Occupational Safety & Health Act (PA 154 of 1975) MSP Michigan State Police PA 154 Michigan Occupational Safety & Health Act (MIOSHA) PA 207 Michigan Fire Prevention Code SDS Safety Data Sheet (formerly: Material Safety Data Sheet MSDS) SOP Standard Operating Procedures 17